What Happens to the House in a Florida Divorce?
Understanding Equitable Distribution
Florida follows the principle of equitable distribution, meaning that marital property is divided fairly — not always equally. The family home is one of the most significant marital assets and is generally included in this process unless it’s proven to be separate property.
Learn more about how property division works in Florida divorces.
Is the House Marital or Non-Marital Property?
To determine how the home is handled, courts first identify whether it’s marital or non-marital property:
- Marital property includes assets acquired during the marriage
- Non-marital property typically includes assets owned before the marriage or inherited individually
However, if one spouse owned the home prior to the marriage but both contributed to it financially or otherwise, it may be partially or fully considered marital through commingling.
Common Options for Dividing the Home
There are several ways the house can be divided, depending on the couple’s agreement or the court’s decision:
- Sell the home and split the proceeds
- One spouse buys out the other’s share
- The custodial parent stays in the home temporarily until the children are older
If children are involved, the outcome may also tie into child custody arrangements, especially when it comes to stability.
What Judges Consider
If the couple cannot reach an agreement, a Florida judge will decide based on:
- Length of the marriage
- Each spouse’s financial and non-financial contributions
- Who has primary custody of the children
- The economic situation of each spouse
These factors are part of a broader equitable distribution analysis, like what’s used in high-asset divorce cases.
Planning Ahead: Legal Protection Matters
If you’re concerned about losing your home in a divorce, there are proactive steps you can take. A well-drafted prenuptial or postnuptial agreement can clarify what happens to the home before conflict arises.
Conclusion
The marital home can be a source of emotional and financial stress during divorce. Whether you sell it, keep it, or share it temporarily, the outcome depends on many factors. If you’re unsure of your options, speak with a trusted legal team to protect your home and your future. Gisondo Law is here to guide you every step of the way. Located in Palm Beach Gardens, Florida Gisondo Law has over l5 years of experience in family and marital law. Please visit their website https://gisondolaw.com. to learn more about the many services offered and read satisfied clients’ reviews. To make an appointment for a free, in-office, initial consultation call 561-530-4568.